1. Scope and Definitions
1.1 These terms and conditions (hereinafter referred to as "Terms") apply to all services by NIU authorized service center (hereinafter referred to as "NASP") which we offer on our homepage.
1.2 These Terms apply to any purchaser and owner (hereinafter referred to as "Customer") of NIU devices seeking for receiving a warranty or non-warranty services (hereinafter referred to as "Services"), irrespective of whether you are a consumer, entrepreneur or businessman.
1.3 These Terms shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing.
1.4 Services under these terms are available only to customers who have reached the age of majority. We explicitly reserve the right, not to perform our services in all countries.
2. Out of Warranty Services
2.1 The out of warranty services by NIU authorized service center, will be quoted to the customer via E-Mail and includes support, diagnostic and analysis, repair, part replacement and maintenance.
2.2 For out-of-warranty maintenance units, within 2 weeks after NASP quotation, if the customer does not confirm the quotation, NASP will communicate with the customer about the return matter, if the customer does not respond in the communication process, NASP has the right to return the vehicle to the sender, and does not bear the loss of the vehicle due to logistics anomalies during the return process.
3. Customer's Responsibility
3.3 It is the responsibility of the Customer to backup all existing data, software, and programs, and to erase all existing data before receiving services. Without limiting the warranty and liability exclusions in these Terms NASP is not responsible for loss, recovery, or com
3.2 promise of data, programs or loss of use of equipment arising out of the services provided by NASP. You represent that your product does not contain illegal files or data.
4. Delivery/ Shipping
4.1 The delivery of the device by the Customer takes place at the risk of the Customer. NASP will send an E-Mail to the Customer with further shipping and packing instructions as well as prepaid way bills.
Return delivery will take place at the delivery address you have provided. The return of the repaired device will not be charged. The transfer of perils to the Customer in the case of returning on the dispatch route happens at the moment the repaired device is handed over to the carrier of shipment or otherwise determined person for the dispatch.
4.2 In case that returning the device to the Customer is not possible (undeliverability), because indicated address is incorrect or incomplete, NASP tries everything reasonably, for example, determining a serviceable address of the customer by telephone contact or e-mail. If those to NASP reasonably efforts do not result in the determination of an address to service of the Customer, NASP reserves the right to charge the Customer the local cost of storage of the device and the newly incurred shipping Moreover, the statutory provisions on the creditor default apply.
5. Payment
5.1 Conditions of payment are within NASP sole discretion.
5.2 The Customer agrees to receive sales invoices electronically.
5.3 NASP reserves the right to change prices for Services mentioned at any time, especially to correct pricing errors that appear.
6. Retention of Title and Resale
6.1 NASP retains legal title to any product/service supplied by NASP until the price (including VAT and shipping costs) for such a product/service has been fully paid.
7. Data protection
7.1 The order of the Customer and the data provided with it are stored by NASP. All data collected by NASP are exclusively used and processed in accordance with our data protection provisions and in compliance with relevant data protection statutes.
8. Liability
8.1 In case of intent or gross negligence on our part or by our agents or assistants in performance we are liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentionally our liability for damages shall be limited to the typically predictable damage.
8.2 Our liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.
8.3 Any liability not expressly provided for above shall be disclaimed.
9. Manufacturer warranty and Repair Consequences
9.1 NASP informs the Customer that under the warranty conditions by the use of a repair service, a possible existing manufacturer's warranty for the device can expire.
9.2 The Customer gets informed that any repair work results in a loss of the source specification, or in the original state.
10. Final Provision
10.1 The law of The United States of America applies. International conventions shall not be applicable.
10.2 Should any of these provisions prove to be or become invalid, this does not affect the validity of the remaining provisions.
